HP Fails To Dodge Lawsuit Over Blocking Users From Using Their Printer Scanner If Ink Cartridges Aren’t Installed (original) (raw)

from the down-with-drm dept

When it comes to obnoxious DRM and bizarre, greedy restrictions, nobody does it better than printer manufacturers. The industry has long waged a not-so-subtle war on its own customers, routinely rolling out firmware updates or DRM preventing them from using more affordable, competitor printer cartridges.

A few years ago, printer manufacturers took this tactic one step further, and began preventing users from being able to use a multifunction printer’s scanner if they didn’t have company sanctioned ink installed. Canon was hit with a $5 million lawsuit in 2021 for the practice, but was able to quietly settle it privately without facing much accountability, or having to change much of its behavior.

In 2022 HP was also hit with a lawsuit (pdf) for preventing scanners from working without sanctioned ink cartridges installed, and not being transparent about this with customers. HP has spent a few years trying to wiggle out of the suit, but hasn’t had much luck. Last week, U.S. District Judge Beth Labson Freeman ruled that the case could proceed.

HP lawyers had tried several tactics to have the case dismissed, including claiming that the court couldn’t trust the word of one of its own support reps when they stated at the company’s own website HP printers were specifically designed to include this error. They also tried to play some semantic patty cake, insisting that customers couldn’t prove they were being “actively” misleading:

HP in seeking a dismissal said the customers failed to allege such a duty or that it “actively” concealed any defect.

Classy.

Amusingly, other companies like Epson have tried to use HP and Canon’s troubles to their advantage. The Verge notes that Epson has an entire page in their FAQ dedicated to how they haven’t pulled this sort of trick since 2008 (though the company engages in other dodgy shit, like rolling out purported “security updates” that covertly prevent users from being able to use cheaper third-party cartridges).

I think HP and Canon are very fortunate that U.S. consumer protection regulators generally don’t have (courtesy of decades of lobbying) the time, staff, or resources to police the massive amount of this type of fraud that occurs in this country on a daily basis. Especially when it comes to the kind of ham-fisted restrictions on what consumers can do with technology they purportedly own.

Filed Under: consumers, drm, hardware, ink cartridge, printer, restrictions
Companies: hp